Jackson County Circuit Judge John McBain is blasting the Prosecutor's Office for allowing accused child abusers to plead to lesser offenses.

"I've seen some horrific child abuse cases and every time it is the same thing," McBain said last week before he sentenced Walter Davis Jr., 38, to 16 to 24 months in prison for third-degree child abuse.

"What I see is a consistent pattern of plea-bargaining these cases."

McBain ripped the Prosecutor's Office, specifically Assistant Prosecutor Allison Bates, for agreeing to reduce the charge against Davis, who is accused of causing injuries, including a skull fracture, to his former wife's then-8-month-old son in their Spring Arbor home.

McBain likened the plea deal to that of Kirk Coleman, who, amid public criticism of both McBain and the prosecutor, was convicted of attempted child abuse after police initially alleged he sexually abused and nearly beat to death his baby daughter.

In the Davis case, Bates said a greater child abuse charge would have been difficult to prove.

"The injuries are consistent with what the defendant explained and the defendant explained an accidental cause of the injuries," she said.

Davis initially was charged with second-degree child abuse, a felony punishable by up to four years in prison. That charge was dropped when he pleaded guilty Oct. 2 to two counts of third-degree child abuse, a high-court misdemeanor punishable by up to two years in prison.

The state sentencing guidelines  which consider prior convictions, violence of the offense and other factors to recommend a sentence  called for the same penalty for either second-degree child abuse or two counts of third-degree child abuse, Bates said.

"In this case, I don't see how any other course of action would have made a major difference," said Chief Assistant Prosecutor Mark Blumer.

McBain decided to deviate from the guidelines, which were zero to 17 months, in giving Davis up to 24 months in prison at the suggestion of Assistant Prosecutor Nick Mehalco Jr.

McBain said the plea agreement was made more egregious because the Prosecutor's Office did not consult with the baby's mother, Kristina Crawford, who spoke tearfully at the sentencing. McBain accused the office of violating the state Crime Victim's Rights Act, which requires prosecutors to inform victims of various steps in the legal process.

Bates said the Prosecutor's Office had no legal obligation to speak with Crawford about the plea because, at the time, she did not have custody of the child.

Bates also handled the Coleman case. First-degree child abuse and first-degree criminal sexual assault charges were dropped against Coleman in May. There was some question about whether the baby was sexually abused and the girl's grandmother, who had custody of the child, wanted to see Coleman's parental rights terminated. Had he been acquitted by a jury, he might have regained custody.

"The problem with these types of cases, you only have two people in the room and the victim can't testify," said Mehalco, who was standing in for Bates last week.

Davis said he threw the boy  who is now 17 months old and doing OK  in the air in January but failed to catch him. He also told police the boy had earlier fallen off a counter. A doctor testified he had a skull fracture, internal head bleeding, bruises and a broken left arm.McBain said the case should have gone to trial.

The Prosecutor's Office has tried some child abuse cases recently.

In December, a jury acquitted Paul Brower, who was accused of suffocating to death his 3-year-old daughter, on charges of first-degree murder, felony murder and first-degree child abuse.

After he read the jury's verdict, McBain said he was not convinced Brower was guilty.